Court Adjourns NDK Hearing

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An Accra High Court has set December 9, 2016 for the hearing of the case involving NDK Financial Services and the State over the diversion of funds by the then Ministry of Energy.

The adjournment follows an agreement by the parties in a court, presided over by Justice Noble Jerome Nkrumah.

As a result, the court could not hear how much had been paid into the said account.

It would be recalled that an Accra High Court granted NDK Financial Services a garnishee order following a certificate of judgement obtained on 23rd August 2016.

The completion of the garnishee proceedings by the court would, among others, enable NDK to access funds in the frozen accounts.

The court directed that certain accounts of government be frozen.

Meanwhile, the BoG is expected to justify in court why some government accounts should not be frozen to pay off debts owed NDK Financial Services after the company filed a garnishee case against the State.

The Court of Appeal on November 22, 2016 also struck out a notice for stay of execution of the Supreme Court judgment and certificate judgement filed by Attorney General after the lawyers for the State failed to make an appearance.

The Supreme Court unanimously upheld an application by NDK which indicated that the nature of interest payable was compound at 6.5 percent and should be calculated from the date of contract to the date of final payment.

NDK had also filed a contempt application against the Principal Accountant and Chief Director of the Ministry of Energy for failing to obey a court order to furnish it with details of accounts of payments made in breach of payment guarantees given to NDK Financial Services.

Per the Supreme Court ruling, the two should have filed the said accounts that were diverted to Ahaman Enterprise.

Already, NDK has won GH¢88.5 million as judgement debt for GH¢286,000 initially diverted.

By Jeffrey De-Graft Johnson/ dailyguideafrica.com

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